Where defendants, who are minority shareholders, have litigated for six years concerning access to plaintiff’s corporate records, defendants cannot invoke an arbitration provision after plaintiff sought declarative and injunctive relief concerning its rights and responsibilities to defendants. Defendants have waived ...

Tagged with: Contract Fairfax County Circuit Court Judge Daniel E. Ortiz Virginia Circuit Courts

Where an Ethiopian court found unenforceable a contract entered into by a couple in Ethiopia, the foreign court’s judgment was not recognized based on the speed of the ruling, the contradictory analysis on which it rested and doubts about the ...

Tagged with: Contract Judge Liam O'Grady U.S. District Court - Eastern District

Although summary judgment was granted to two companies hired to provide “quality assurance” and “quality control” services on a bridge construction project, there are disputed issues of material fact over the contract terms. Now a jury will decide whether the companies ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Paul V. Niemeyer

Where the owner of two government contract companies withdrew monies from those companies so that they were unable to pay two law firms for legal work they performed, the facts were found sufficient to pierce the corporate veil and the ...

Tagged with: Contract Judge Anthony J. Trenga U.S. District Court - Eastern District

Although a doctor claimed his former employer and its administrator failed to pay him under his employment contract and also committed fraud, the administrator could not be personally sued for breach of contract and the fraud claims failed as a ...

Tagged with: Contract Judge David J. Novak U.S. District Court - Eastern District

Where plaintiff claims defendant marina’s actions caused his boat to sink during a winter storm, the parties’ boat slip lease did not create a bailment, so plaintiff’s cause of action is limited to a claim for breach of contract. His ...

Tagged with: Contract Judge William R Marchant Richmond Circuit Court Virginia Circuit Courts

Where an executrix of an estate had been gifted property by the decedent and a bank later sold that property at a foreclosure sale, the executrix did not have standing to bring a breach of contract claim against the bank ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where an insurer settled a claim in full after the circuit court ruled the insurer was primarily liable, the settling insurer can seek equitable contribution from the other insurer on the risk after the circuit court’s ruling was reversed on ...

Tagged with: Contract Published Order Supreme Court of Virginia

Defendants, who partnered with plaintiff to develop a community and, as part of a settlement agreement following the project’s collapse, agreed to assume plaintiff’s obligations under a loan taken out to finance the project, committed breach of contract by failing ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the parties’ contract provided plaintiffs with a 15% hardship uplift of their pay for working in Afghanistan and neither party knew that Department of State regulations permitted a 35%  maximum, plaintiffs’ claim for the higher uplift is rejected. The ...

Tagged with: Contract Fairfax County Circuit Court Judge Michael F. Devine Virginia Circuit Courts